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STATE v. KILLEAN

No. CR-95-0455-PR.

185 Ariz. 270 (1996)

915 P.2d 1225

The STATE of Arizona, Appellee, v. David J. KILLEAN, Appellant.

Supreme Court of Arizona, En Banc.

May 7, 1996.

Attorney(s) appearing for the Case

Grant Woods, the Attorney General by Paul J. McMurdie, Chief Counsel Criminal Appeals Section and Jon G. Anderson, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by James H. Kemper, Phoenix, for Appellant.

OPINION

LIVERMORE, Judge.*

Defendant was charged with possession of marijuana for sale and transportation of marijuana for sale after he was arrested at the Phoenix airport with a suitcase containing twenty-three pounds of marijuana. His defense, revealed for the first time at trial in defense counsel's opening statement, was that the suitcase belonged to a friend named Ed Kenefick who had traveled from Newark to Tucson...

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